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HomeMy WebLinkAbout1984-03-13 ResolutionRESOLUTION NO. 84-49 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE CEDAR RAPIDS AND NNIOWA CITY RAILWAY COMAPNY REGARDING THE LOCATEDAUP�N'RAILRUADAPROAERTYRATION, ETC. OF A WATER PIPE WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with _Cedar Rapids and Iowa Ci copy _agreement being attached to th's ution and y thisareference smade a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement with the Cedar Rapids and Iowa City Railway Pomo ( RANDT�) which licenses the City of Iowa City to install, maintain, operata and I naw a 12 -inch water pipe located upon the property of the CRANDIC just south -of 6 Bypass. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Cedar Rapids and I ova City Railway fnmpany. 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Zuber and seconded by Ambrisco that the resolution as reams aadopted, and upon roll call there were: AYES: NAYS: ABSENT: X- Ambrisco -X Baker X Dickson —. Y Erdahl X McDonald X -- Strait X .— Zuber jPassed and approved this 13th day of March 19 84 , M OR ATTEST: .�1adl�oJ � �,�„ l CITY CLERK Received & Approved By The legal Department <157 AGREEMENT CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY (hereinafter called "Railway Company") hereby licenses CITY OF IOWA CITY (hereinafter called "City") to install, maintain, operate and renew 12" water pipe (hereinafter called "facility") upon the property of the Railway Company at the following location: At Nile Post 0 plus 330 feet in Iowa City, Johnson County, Iowa at Engineers' Profile Station 3+30 in Section 15, Township 79 North, Range G West. A more particular description of the location of said pipe line is made on the print hereto attached, marked "Exhibit "A" and hereby made a part of this agreement. Said water pine shall be constructed of cast iron Class 150 where it passes underneath the tracks of Railway Company and across Railway Company's right-of-way. It shall be not more than twelve (12) inches in diameter, inside measurement, and shall be encased in 22" steel W.T. = 0.375" under Railway Company's tracks and for a distance of twenty-five (25) feet each side of track measured at right angles thereto. Said pipe shall be laid at a uniform grade entirely across the right- of-way of Railway Company, and the top of the pipe line shall be not less than 4.5 feet below the base of rail of said tracks, nor at any point at a sufficiently shallow depth to be affected by frost, as provided in drawing attached hereto, marked "Exhibit B" and made a part of this agreement. The foregoing License is given such express terms and conditions as are inserted below, as well as those contained upon the attachment hereto, and should the City at any time violate any of said terms or conditions, or use or attempt to - use said facility for any other or different purpose than that above specified, then the Railway Company, may, at its option, immediately revoke this License. The foregoing License is subject to the following con- ditions: 1. The said facility shall be used for the purpose of conveying water. 7.. The City is to have and to hold the same from Jan- uary 1, 1984 to January 1, 1987, and thereafter until either party shall qive the other party One Hundred Eighty (180) days' written notice of its desire to terminate this lease; and until so terminated, all conditions of this agreement shall remain in full force and effect. Acceptance of rent in advance by the Company shall not act as a waiver of the right to terminate this agreement. y57 3. Any written notice given by either party to the other party shall be deemed to be properly served if the same be delivered to such other party, or if mailed, postpaid, addressed to such other party at such other party's last known place of business. In case of an emergency, notice shall be given by telephone as follows: If to the Railway Company, by calling the Superintendent, 12th floor, ie: Tower, at 319/398-4448 or Dispatcher, Rockford Rd., S.W., at 319/398-4645: If to the City, by calling the Water Department at 319/356-5166 or the Police Department at 319/356-5275. Each party shall notify the other party in writing of any change of address or tele- phone number. 4. The City shall pay to the Company at its office in the City of Cedar Rapids, Iowa, a rental of One Hundred Dollars ($100.00) per annum, payable annually in advance, beginning on January 1, 1984. 5. The City shall bear the cost of all protection which the Railway Company may require for its tracks or 4 property during construction and maintenance hereby author- ized and of all repairs, changes, additions or betterments to said Railway Company's tracks or property made necessary on account of same. If, in the judgment of the Railway Company, it shall be necessary to provide support for its tracks during the work of construction or maintenance, the Railway Company will provide such support, and the entire cost thereof will be paid by the City promptly upon receipt of bill therefor. 6. The City will give to the Superintendent of the Railway Company at least ten (10) days' notice in writing before entering upon the right-of-way of the Railway Company for construction purposes, or for the purpose of making necessary repairs unless an emergency exists. During an emergency, the City shall have the right to make emergency repairs without prior written notice to the Railway Company, but the City shall notify the Railway Company of such work as per Section Three (3). The Railway Company reserves the right to judge of the necessity of repairs to said facility, and to require the City to make such repairs upon ten (10) days' notice in writing. In such case, the City may enter upon said right-of-way without the ten (10) days' notice above referred to, and shall proceed forthwith to make such such repairs, and upon failure to do so within ten (10) days, the Railway Company shall have the right to make said repairs and collect the entire cost thereof from the City. The Railway Company reserves the right, in case, in its opinion, the safety of its tracks or property demands it, to make emergency repairs if the City does not respond promptly to telephone notice (as per Section Three (3)) of the need for such emergency repairs, and to collect the cost thereof from the City as herein provided. -2- y57 7. Tt ie understood by the City that =aid facility is subject to the dangers and hazards of the operation of the railroad of the Railway Company, and this Aqreement is subject to all risks thereof. The City assumes and agrees to pay for loss or damage to all property whatsoever, and injury to or death of Any person or person whomsoever, including all costs and expenses incident thereto, arising or resulting from, and caused by, the constriction, maintenance, repair, renewal, re- construction, operation, use or removal of said facility, or any defect therein or failure thereof, or the failure of the City, or its officers, agents, or employees to abide by or comply with any of the terms or conditions of this Agreement; and the City forever indemnifies the Railway Company against and agrees to save it harmless from any and all claims, demands, lawsuits, or liability for any such loss, damage, injury, death, cost and expense. The Railway Company agrees to promptly notify the City of any such claim, demand, or lawsuit so as to allow the City to dafend against any such claim, demand, or lawsuit. 8. The Railway Company reserves the right to use, occupy and enjoy its tracks, property and right-of-way, for such t)ur- pose, in such manner, and at such time as it shall desire, the same as if this instrument had not been executed by it. If any such use shall necesuitato any change in the location of said facility, or any part thereof, such change shall be made by the City, at the expense of the City, upon demand of the Railway Company, and the said Railway Company shall not be liable to the City on account thereof, or on account of any damage crowing out of any use which the Railway Company may make of its said tracks, property and right-ofrway. 9. The Railway Company shall have the right at any time by giving one Hundred Twenty (120) days' notice in writing to the City to require the City at its expense to re -arrange or move this facility so as to conform to changes the Railway Com- pany may desire to :sake in its track grade, track location or line or any other changes Railway may desire to make in its property -at this point. 10. The waiver of a breach of any of the terms and con- ditions hereof shall be limited to the act of acts constituting such breach, and shall never be construed as being a continuing or pormann,nt waiver of any such terms or conditions, all o! which shall be atud remain in full force and affect as to future acts or happenings, notwithstanding any such waiver. 11. This License is personal to the City, and is not assignable or transferable, without the written consent of the Railway Company bei.no first obtained. Iq WITIUSS VIJEZR Or. this instrument is executed this _alsr day of_ _inggcn , 1904. CEDAR RAPIDS D I CITY RAILWAY COMPI By.: President ATTL'ST: Assistant So t9tAry CITY F IOWA CITY I� /�� By i�41 e-lt ��•• ATTEST: Received & Approved By The Legal pap.i0menl aCtT/oN 2/ rvwNSN1O 79 NO?TN RRNOf G G/6yT IFA, ROW —7 H6F9vRfNrNT ' RrSCARCH CORP o O 0 o O � o 7 `2 F, T 9 V .ROCK I Sl AND ZIN£S lei)Nols v/r v HONTlIOMIi OII. /840 C/ry - =#A/F,ON CO- - I/vE► Pi90P10 8"' woreR C/NE CROSSING TO sE?YE THE CNY' nFiirE /7ivN, FME:�.......CCRis:I 5n• , 7 i � i • a TRACK. I 'D' i CA R RIER PIPE SEAL NOT REQUIRED IF CASING ENDS ABODE GROUND WERE DRAINAGE LS AfMI[ASLE -GENERAL INSTRUCT/ONS - I: SCOPE- PIPE LINES UNDER THESE SPEC/F/CAr/ONS ARE THOSE INSTALLED TO CARRY STEAM, WATER OR ANY NONFLAMMABLE SUBSTANCE WHICH FROM ITS NATURE OR PRESSURE MIGHT CAUSE DAMAGE /F ESCAPING ON OR /N THE V/C/N/TY OFRAXROAD PROPERTY. 2. INSTALLATION: LOW PRESSURE WATER PIPE LINES UNDERRAILAOAD TRACKS,S£RV/NG DOMESTIC USERS, THAT DO NOT EXCEED 2" IN DIAMETER WILL NOT REQUIRE ENCASEMENT. ALL PIPE LINES OF MORE THAN 2" /N DIAMETER WILL REQUIRE ENCASEMENT PIPE EXCEPr wHERE SPECIFIC AUTHORITY IS OBTAINED FROM THE CHIEF TO DEVIATE FROM THIS SNDAMDL J-' CARRIER PIE UNDER RAILROAD TRACK OR RIGHT OF WAYNSHALL RBE OF APPROVED C0WSTRUCT/ON AND LAID $O THAT NO JOINTS ARE DIRECTLY UNDER TRACK TIES. I: WS/NG PIPE AND JOINTS MAY BE OF ANY APPROVED rn,vnu/7 rnem Ymlr nnw .NO SNA AJ Iv PRt Yt NT THE FORMATION OFA WAT4 ED WITH EVEN BEAR/NG THROUGHOUT /TS LE THE INSIDE DIAMETER OF THE CASING SHAL SIDE DIAMETER OF CARRIER PIPE JOINTS O. S* SEALS -WHERE THE ENDS OF THE CASING ARS AGAINST THE ENTRANCE OF FORE/GN MATER[ WHERE THE ENDS OF THE CASING ARE Ar L LEVEL. THEY MAY BE LEFT OPEN,PROV/D/N6 LEAKAGE WILL BE CONDUCTED AWAY FROM TL INSTALLED /N CASING ON CARRIER PIPES r B: DEPTH OF CASING- THE TOP OF THE CASING CLOSEST POINT SMALL Atli BE LESS THAN I PORTIONS OF THE RAILRO4D RIGHT OF WAY M TRACK THE DEPTH FROM THE SURFACE OF THE TOP OF THE CAS/NG,SHALL Nor BE LEJ SECURE THE ABOVE DEP THS, SPECIAL COWS) PLENGTH- CASING SMAII FYTF/vn PArM clAr B+SNUr OFF VALVES- MNER£ WARRAA VALVESTSMAL AALRoADCO, S ALLED WITH D.' APPROVAL OF PLANS- wHERE /T TS IMPRACTICABLE TO COMPLY wl rV THIS PLAN DEVIATION MUST BE APPROVED BY CHIEF ENGINEER, IND SHALL SLOPE TO ON T LEAST 2'GREATER TA L /NGS. W GROUND THEY SHALL B CH MAY PREVENT READY R VE GROUND SURFACE AND VALE /S AFFORDED IV SLA OBED AND STRUCTURES. IRRY SUBSTANCES UNDER SHALL BE BELOW THE FR T BELOW BASE OFRAILRL LL B£ FFICIALSO SMALL SING OR CONDUIT rCEPT Ar me EAvs C BE SO INSTALLED i SHALL BE INSTALL• ID. THE LARGEST OUT- ITABLY PROTECTED VAL OF CARRIER PIPE. WE HIGH WATER MANNER THAT S NOT TO BE ESSURE. LINE AND AT ITS 1/L. ON OTHER 9ENEATH ANY M OF DITCHES TO TRACK THE DEPTH ARE CONST - ALLY AGREED PR/r OFF EXH/B/ T B ROCK ISLAND LINES PLAN TO ACCOAfPANY CONTRACTS FOR UNDERGRADE PIPE LINE CROSSINGS TO CARRY NONFLAMMABLE SUBSTANC&. ADOPTED:AUGIOW" 4:74 -ell RESOLUTION NO. 84-50 WW RTAINOrETvConiONftOFrnMnon�BEO�n�nYn�r�.H4 ✓ INSTALLATION, MAINTENANCE, OPERATION, ETC. OF A WATER PIPE LOCATED UPON RAILROAD PROPERTY WHEREAS, the City of Iowa City, Iowa, has negotiated an a�creement with Cedar Rapids and Iowa City Railway Co., a copy of said agreeme�— being attached to this ResolutionE by this reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement with the Cedar Rapids and Iowa City Railway Co. (CRANDIC) which licenses the City of Iowa City to install maintain, operate and renew an R-inch_water line In upon the oronerty of the CRANDIC near Thomas & Betts Corporation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Cedar Rapids and Iowa City Railway Co. 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved byZuber and seconded by Ambrisco that the resolution as read_ be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker _X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 13th day of March 1984L lwA . hAIOR i- ATTEST: % !e =JeAsn CITY CLERK 11sb i %1L AGREEMENT CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY (hereinafter called "Railway Company"), hereby licenses THE CITY OF IOWA CITY (hereinafter called "City") to install, maintain, operate and renew an 8" water pipe (hereinafter called "facility") upon the property of the Railway Company at the following location: At Mile post 1 plus 3786 feet, Engineers' Profile Station 62+42, Section 21, Township 74J North, Range 6 West, Johnson County, Iowa (Montezuma Branch). A more particular description of the location of said pipe line is made on the print hereto attached, marked "Exhibit A" and hereby made a part of this Agreement. � Said water pipe shall be constructed of cast iron Class 150 where it passes underneath the tracks of Railway Company and across Railway Company's right-of-way. It shall be not more i than eight (8) inches in diameter, inside measurement, and shall be encased in 12" steel (W.T. 0.2511) under Railway Company's tracks and for a distance of twenty-five (25) feet each side of track measured at right angles thereto. Said pipe shall be laid at a uniform grade entirely across the right-of-way of Railway Company, and the top of the pipe line shall be not less than 4.5 feet below the base. of rail of said tracks, nor at any point at a sufficiently shallow depth to be affected by ' frost, as provided in drawing attached hereto, marked "Exhibit B" and made a part of this Agreement. The foregoing License is given such express terms and conditions as are inserted below, as well as those contained upon the attachments hereto, and should the city at any time violate any of said terms or conditions, or use or attempt to use said facility for any other or different purpose than that above specified, then the Railway Company may, at its option, immediately revoke this License. r The foregoing License is subject to the following con- ditions: 1. The said facility shall be used for the purpose of conveying water. 2. The City is to have and to hold the same from Jan- uary 1, 19B4 to January 1, 1987, and thereafter until either party shall give the other party one hundred eighty (180) days' written notice of its desire to terminate this lease; and until so terminated, all conditions of this agreement shall remain in full force and effect. Acceptance of rent in advance by the Company shall not act as a waiver of the right to terminate this agreement. ■ 3. Any written notice given by either party to the other party shall be deemed to be properly served if the same be delivered to such other party, or if mailed, postpaid, addressed to such other party at such other party's last known place of business. In case of an emergency, notice shall be given by telephone as follows: If to the Railway Company, by calling the Superintendent, 12th floor, ie: Tower, at 319/398-4448 or Dispatcher, Rockford Road, S.W., Cedar Rapids at 319/398- 4645: If to the City, by calling the Water Department at 319/356-5166 or the police Department at 319/356-5275. Each party shall notify the other party in writing of any change in address or telephone number. 4. The City shall pay to the Company at its office in the City of Cedar Rapids, Iowa, a rental of One Hundred Dollars ($100.00) per annum, payable annually in advance, beginning on January 1, 1984. 5. The City shall bear the cost of all protection j which the Railway Company may require for its tracks or i property during construction and/or maintenance hereby auth- orized and of all repairs, changes, additions or betterments to said Railway Company's tracks or property made necessary on account of same. If, in the judgment of the Railway Company, it shall be necessary to provide support for its tracks during the work of construction or maintenance, the Railway Company will provide such support, and the entire cost thereof will be paid by the City promptly upon receipt of bill therefor. 6. The City will give to the Superintendent of the Railway Company at least ten (10) days'notice in writing before entering upon the right-of-way of the Railway Company for repairs unless an emergency exists. During an emergency, the City shall have the right to make emergency repairs with- out prior written notice to the Railway Company, but the City shall notify the Railway Company of such work as per Section Three (3). The Railway Company reserves the right to judge of the necessity of repairs to said facility, and to require the City to make such repairs upon ten (10) days' notice in writing. In such case, the City may enter upon said right- of-way without the ten (10) days' notice above referred to, 1 and shall proceed forthwith to make such repairs,.and upon failure to do so within ten (10) days, the Railway Company shall have the right to make said repairs and collect the entire cost thereof from the City. The Railway Company re- serves the right, in case, in its opinion, the safety of its tracks or property demands it, to make emergency repairs if the City does not respond promptly to telephone notice (as per Section Three (3)) of the need for such emergency repairs, and to collect the cost thereof from the City as herein provided. 7. It is understood by the City that said facility is subject to the dangers and hazards of the operation of the railroad of the Railway Company, and this Agreement is subject -2- yss' to all risks thereof. The City assumes and agrees to pay for loss or damage to all property whatsoever, and injury to or death of any person or persons whatsoever, including all costs and expenses incident thereto, arising or resulting from and caused by the construction, maintenance, repair, renewal, re- construction, operation, use or removal of said facility, or any defect therein or failure thereof, or the failure of the City, or its officers, agents, or employees to abide by or comply with any of the terms or conditions of this Agreement) and the City forever indemnifies the Railway Company against and agrees to nave it harmless from any and all claims, demands, lawsuits, or liability for any such loss, damage, injury, death, cost and expense. The Railway Company agrees to promptly notify the City of any such claim, demand, or lawsuit so as to allow the City to defend against any such claim, demand or lawsuit. 8. The Railway Company reserves the right to use, occupy and enjoy its tracks, property and right-of-way, for such purpose, in ouch manner, and at such time as it shall desire, the same as if this instrument had not been executed by it, If any such use shall necessitate any change in the location of said facility, or any part thereof, such change shall be made by ttie City, at the expense of the City, upon demand of the Railway Company, and the said Railway Company shall not be liable to the City on account thereof, or on account of any damage growing out of any use which the Rail- way Company may make of its said tracks, property and right- of-way. 9. The Railway Company shall have the right at any time by giving Ono Hundred twenty (120) days' notice in writing to the City to require the City at its expense to re -arrange or move this facility so as to conform to changes the Railway Company may desire to make in its track grade, track location or line or any other changes Railway may desire to make in its property at this point. 10. The waiver of a broach of any of the terms and con- ditions hereof shall be limited to the act or acts constituting such breach, and shall never be construed as being a continuing or permanent waiver of any such terms or conditions, all of which shall be and remain in full force and effect, as to future acts or happenings, notwithstanding any such waiver. 11. This License is personal to said City and is not assignable or transferable., without the written consent of the Railway Company being first obtained. IN WITNLSS wllLIjEor, this instrument is executed this I.sr day of ,,)79RCH _, 1984. CEDAR RAPIDSCITY RAILWAY COMPANY By.: -----___-��� President ATTESTi Assistant Sac r ary The undersigned, the License, hereby accepts ttie condition4lQj ,fin, stated. R fh^ pproved U Y . i':7+�I cpartment .. -.-lr---'-. _.3 Itµ• ATTEST: City mentioned in the foregoing same, subject to the terms and C1. OF IOWA C.I � i t. 0'40" d 2 0.63' `moi • �SaSC'T/Oi✓ iS- T, 79 N. -,e 6 W. E dF AeAol'Arwr :4 ooeo< l /SGOND L/NES rtCivoit Divis/ON �t1�ev7iF 6�td�AY!'�►,, ; .- /oH/q ciry-JOAIVSOa w. - IOW4 .�.vo�osi*D iz ivo.✓ /ri�E4 .Keit/ . � .. e -'f htrxwc vo-mreRve asJi ae ; y - OFF. D/YN. ENG.e, Suts�E: /".sSO � • S/Glomi �,GCi.✓ois Gt4sE: y -29-C! ', �""�"t iii�'itJb�vZrwrN OrrAsnvc-r+P I� :� F[�r PRow, Mr�suR£o Ar R/cNr ;-AlJ&L£l rO. FN[ C[Nr£RLIHE OF h£AR I TRACK. iii,; ern» SEAL NOT REOULREO SI/OGRAOE lF CASING ENOS j ABOVE GROUND WHERE I DRAINAGE 4 AVAILABLE A 4N LIN •r 7)' ( 4? S'�/N. 25EAL CASING•'; SEAL' -- --- ---�- ------- ---- --- ---- - -------------------- - - -- ---- L- CARRIER PIPE -GENERAL INSTRUCTIONS - I: SCOPE- PIPE LINES UNDER THESE SPECIFICATIONS ARE THOSE INSTALLED TO CARRY STEAM WATER OR ANY NONFLAMMABLE SUBSTANCE WHICH FROM ITS NATURE OR PRESSURE M/CHT CAUSE DAMAGE /f ESCAPING ON OR IN THE VIC/N/rr OFAA&AO4D PROPERTY. 2: INSrALLAT/0N: LOW PRESSURE WATER PIPE LINES UNDERAAILROAD TRACKS,SERV/NG DOMESTIC USERS.THAT DO NOF EXCEED 2" IN DIAMETER /rill Nor REQUIRE ENCASELIENr. ALL PIPE LINES OF MORE THAN 2" IN DIAMETER WILL REQUIRE ENCASEMENT PIPE EXCEPT WHERE SPEC/F/C AUTHORITY IS OBTAINED FRO.N THE GRIEF ENOI,'IEER TO DEVIATE FROM T� i.!.794PD. S:CARR/ER PIPE UNDERRA/LROAD TRACK OR RIGHT OF I%AY SHALL BE OF APPROVED CO::STi uCTION d: SHUT Off VALVES- {t/HERE HARRAN TO BY THERAKROAD CO. AND THE 0 VALVES SNAIL BE INSTALLED WIrNj 9: APPROVAL OF PLAITS -WHERE /T IS IMPRACTICABLE TO CWJPLY WITH THIS PLAN DEVIAT/ON A/UST BE APPROVED LY CHEF EmINC CR. ROADBED AND T CARRY SUBS IPE SHALL OE Fr:.-, SH;LL Cl INSTALL, no. 'I THE LARGEST OUr- sulrA9LY P.7OwcrEO IC 1,L Cr CAA-%rR PIP.. B"/E HIGH .. ,'TER A HANNERTNAr YD AT 1 rs 101 -HER rH ANY ;ITCHES TO 'AL TO TRACK THE DEPTH ARE CONST - ILLY AGREED hvr ofF DISTANCE AT EACH SAVE OF THE CROSSING. EXHIBI 78 ROCK ISLAND LINES PLAN rO ACCOMPANY CONTRACTS FOR UNDERGRADE PIPE LINE CROSSINGS rO CARRY NONFLAAMIAW SUBSTANCES. ADOPTEO:AUG.10,195I 'NGIIviAI.OF 1K SOV DECEIVED FEB 2 4 1984 RATE, NOLAN, BOHANAN, MOEN B: LUCAS LAWYERS 22 GST COURT 3TRCCT EDWARD W. UCAS IDT]f IOWARO W. LUCAS (1900•I930) IOWA CITY, IOWA 6EU'30 310•3111.0221 EDWARD F. RAT[ JOHN T. NOLAN 23 February 1984 ]ID-]]T•D O3D ALAN R. BOHANAN MARC O. MOIN WILLIAM C. LUCAS CYNTHIA [.PARSONS Mayor and City Council c/o City Clerk Iowa City Civic Center 410 E. Washington St. Iowa City, IA 52240 Dear Mr. Mayor and Council Members: This office represents Mr. Joseph Kennedy the owner of the Vine building at the corner of Gilbert and Prentice Streets. In connection with application for variance to the Iowa City Parking requirements the Board of Adjustment has apparently recommended that the Maiden Lane public right-of-way between Prentice Streets and Ralston Creek to the North be looked into by the City Council. On behalf of Mr. Kennedy, we join in said recommendation. Yours truly, /J WILLIAM C. LUCAS WCL/nrg cc Joe Kennedy CAMIowa Department of Transportati -� 430 16th Avenue SW, Cedar Rapids, Iowa 52404 M D March 6, 1984 MAR 8 1984 Ref: FN -518-3(20)-21-9 CLERK Washington -Johnson Agreement No. 84-M-159 I The Honorable John McDonald RE: Signing Mayor City Hall Iowa City, Iowa 52240 Dear Mayor McDonald: This is official notification to your City Council that the Iowa i Department of Transportation proposed to let a signing project on Primary Highway No. 218 on April 10, 1984. The project begins at Iowa Primary Highway No. 22 Washington County, and extends northerly and northwesterly to Interstate Primary Highway No. 80 in Johnson County. A portion of this project lies within the City of Iowa City and extends from the south corporation line northwesterly to the west corporation line. { The work will be done in accord with the current form 810034 "Agree- ment for Primary Road Extension Maintenance and Operation." Project costs will be paid from the Primary Road Fund and no charges will be made against the City. The project is proposed for construction during 1984. i { Resident Engineer Richard E. Kautz of Cedar Rapids, Iowa, telephone number 319-366-6818, will advise you of the contractor's proposed schedule when the information is available. We would appreciate this project notification being included on your next City Council meeting agenda as a matter of information for the Council members. If you have any questions concerning the work involved, please contact this office as soon as possible in order to expedite any possible changes. Very r y y urs, R C. Henely District Engineer RCH:psb cc: Ed Fawkes, Iowa D.O.T., Office of Right of Way RME W.E. Zitterich RCE Richard Kautz 1140 RESOLUTION NO. 84-51 RESOLUTION APPROVING THE PRELIMINARY PLAT OF PEPPERWOOD ADDITION, PARTS 4-7, A SUBDIVISION OF JOHNSON COUNTY, IOWA. WHEREAS, the owners, Southgate Development Inc., have filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Pepperwood Addition, Parts 4-7; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary plat and have recommended approval of same; and WHEREAS, the preliminary plat has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that it be accepted and approved; and WHEREAS, the preliminary plat is found to conform with all of the require- ments of the city ordinances of the City of Iowa City, Iowa; and WHEREAS, a preliminary Planned Area Development (PAD) plan was previously approved by Resolution 79-191 in May of 1979 for the same geographic area and said plan is no longer needed for approval of the preliminary plat of Pepperwood Addition, Parts 4-7. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, I0WA: 1. That the preliminary plat of Pepperwood Addition, Parts 4-7, is hereby approved. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution which shall be affixed to the plat after passage and approval by law. 3. That the preliminary Planned Area Development (PAD) plan, approved by Resolution No. 79-191 on May 8, 1979, is hereby repealed. It was moved by Strait and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber 7-?- Resolution No. 84, Page 2 Passed and approved this 13th day of _ ATTEST: )Je � � CLERK T� March . 1984. ,,� 6 App ""ed BY ca By eJr p3 IV Z/ 70?, ,3a I RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF PEPPERWOOD ADDITION, PARTS 4-7, A SUBDIVISION OF JOHNSON COUNTY, IOWA. W EREAS, the owners, Southgate Development Inc., have filed with the City C1 k of Iowa City, Iowa, an application for approval of the preliminary pla of Pepperwood Addition, Parts 4-7; and WHEREA the Department of Planning and Program Developpent and the Public Works partment have examined the proposed prelim -nary plat and have reco 'en approval of same; and WHEREAS, 7th\priminary minary plat has been examined y the Planning and Zoning Commission er due deliberation the Co ssion has recommended that it be accepapproved; and WHEREAS, thplat is found to conform with all of the require- ments of thordinances of the Cit of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY ,THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: I. That the preliminar plat approved. 2.. That the Mayor and Ci y hereby authorized and d'r be affixed to the pl t a It was moved by the Reso u ion be a Passed And approved this Pepperwood Addition, Parts 4-7, is hereby Clerk of the City of Iowa City, Iowa, are !cted to certify this resolution which shall er passage and approval by law. and seconded ape ,and upon roil call there were: NAS: ABSENT: day of MAYOR Ambrisco Baker Dickson Erdahl McDonald Strait Zuber 1984. ATTEST: Received & Approved CITY CLERK BY lti e LOW P �ZEI W7.2-1 STAFF REPORT To: Planning & Zoning Commission Prepared by: Bruce Knight Item: S-8406. Pepperwood Parts 4-7 Date: February 23, 1984 GENERAL INFORMATION Applicant: Southgate Development Co. !f/ %Z 325 E. Washington Street Iowa City, IA 52240 Requested action: Approval of the revised prelimi- nary plat of Pepperwood Addition, Parts 4-7. Purpose: To develop 72 single family residential lots. - Location: West of Pepper Drive and south of — i the K -Mart area. i Size: Approximately 19 acres. Existing land use and zoning: Undeveloped and RS5 Surrounding land use and zoning: North - undeveloped and R412 East - single family and RS5 West - undeveloped and RS5 Comprehensive Plan: Residential, 2-8 dwelling units per acre Applicable regulations: Provisions of the Subdivision Code and Stormwater Management Ordi- nance. 45 -day limitation period: 3/26/84 60 -day limitation period: 4/9/84 SPECIAL INFORMATION j Public utilities: Adequate water and sewer services are available. i Public services: Sanitation service and police and fire protection are available. Transportation: Vehicular access is proposed via Sandusky Drive and Keokuk St. Physical characteristics: The topography is gently rolling with maximum slopes of 5%. !f/ %Z 1, Page 2 ANALYSIS The applicant is requesting approval of the revised preliminary plat of Pepperwood Addition, Parts 4, 5, 6 and 7. A preliminary plat and planned area development (PAD) plan for the same geographic area was previously approved in May, 1979. However, since the Subdivision Regulations p that a preliminary plat is effective only for an 18 month time period, the previously approved preliminary plat has expired and it is not necessary to label this application as revised. No such expiration period exiss for the preliminary PAD plan, and since this new plat does not require a PAD plan, the previous plan should be repealed. The previous plat/plan (see attachment #2) called for 36 standard single family lots plus an additional 46 lots for attached (zero lot line) single family dwellings, for a total of 82 possible units. The only significant change from the previously approved plat/plan is the overall density. The applicant is proposing to revise the plat by eliminating the lots for zero lot line development and platting standard lots for single family develop- ment instead. This would reduce the overall density to 72 single family units. The street layout proposed on this new plat is the same as on the previ- ously approved plat. It also conforms to the Trafficway Network plan approved as part of the Comprehensive Plan Land Use Update (see attachment This this area, withpKeokuk Streeter and sky Drives as deadend ng at Sand ctor sky Driveosed . Another difference in this preliminary plat from that approved previously regards stormwater management. On the previously approved plat, three stormwater storage areas were shown in the rear yard areas. These basins are not shown on the revised preliminary plat and instead, a single basin is SanduskysAvenue. Calculationsohaveybeeneof submittedeonots located north of this change. STAFF RECOMMENDATION Staff recommends that the preliminary plat of Pepperwood, Parts 4, 5, 6 and 7 be approved. ATTACHMENTS 1. Location map 2. Previously approved plat/plan 3. Trafficway Network Plan ACCOMPANIMENTS 1. 2. - Preliminary plat of Pepperwood, Proposed trafficway circulation Approved by: Program Development 4%-7— Y I I I IIra191,a,r!dI 8 t� •' / " �i?� A+ JS' ! Aa F r .[. �oulfie omisvfi Rps/r Pw/ � pN,wua /ANG rellminery ascrlplion ocallon Map wIM Y.1Y•, n • Y r. •fi. YreH•.ro l.�i •fir. Y,.. IY •1r +w an a l.r aur r.. PEPPERWOOD PART 3 - 7 preliminary pad plan _8 revised _plat - a Int Involit m ,117.-2, I I RESOLUTION 110. 84-52 RESOLUTION AUTHORIZING THE 14AYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE WILLOW CREEK NEIGHBORHOOD CENTER, INC., FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR PURCHASE OF A HANDICAPPED PASSENGER VAN. WHEREAS, the City of Iowa City is the recipient of funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City of Iowa City wishes to utilize such funds to assist the Willow Creek Neighborhood Center, Inc. in the purchase of a handicapped passenger van_for the transportation of users of the Willow Creek Neighborhood Center. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF I014A CITY, IOWA: 1. That the Mayor be authorized to sign and the City Clerk to attest an agreement with the Willow Creek Neighborhood Center, Inc., to purchase a handicapped passenger van. Said agreement is attached to this resolution and is incorporated by this reference herein. It was moved by — Zuber and seconded by Strait the Resolution be a op e , and upon roll ca there were AYES: NAYS: ABSENT: X X Passed and approved this 13th dal of ATTEST: Ambrisco Baker Dickson X Erdahl McDonald Strait Zuber 1984. teomh,ad & ApVWW gy 1ho Legal Department + - /M ■ AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE WILLOW CREEK NEIGHBORHOOD CENTER, INC. FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE PURCHASE OF A HANDICAPPED PASSENGER VAN THIS AGREEMENT, entered into this 13th day of March , 1984, by and between the City of Iowa City, a muni— cip corporation(herein referred to as the "City"), and the Willow Creek Neighborhood Center, Inc. (herein referred to as the "WCNC"); and WHEREAS, the City is the recipient of 1984 Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City wishes to utilize such funds to assist WCNC in the purchase of a handicapped passenger van. NOW, THEREFORE, THE PARTIES HERETO AGREE TO THE FOLLOWING IN PERFORMANCE OF THIS AGREEMENT: PART I I. PURPOSE AND SCOPE OF SERVICES: A. WCNC shall purchase a passenger van with a wheelchair lift for handicapped persons. B. The City shall provide technical assistance regarding bidding procedures and awarding of a contract for purchase of the van. All procedures shall be carried out according to HUD standards and shall be monitored by the City. C. Upon receipt, said van shall be used for the transportation of users of the Willow Creek Neighborhood Center for recreational, educational and medical purposes. The van shall also be used to assist the handicapped, senior citizens and disadvantaged persons in carrying out essential daily living activities such as banking and grocery shopping. II. TIME OF PERFORMANCE: WCNC will perform according to the following schedule, Program Element Deadline Bid Opening 3-9-84 i Notification of Successful Bidder 3-16-84 Delivery of Van 6-15-84 Van in Operation 6-30-84 This schedule is subject to change by mutual agreement of both parties, in writing. yP -2 - III. COMPENSATION AND METHOD OF PAYMENT: The City will pay and 'WCNC agrees to accept in full the amount of fifteen thousand dollars ($15,000) or the purchase price of said van, whichever amount is less, for performance under this agreement, as follows: 1. Full payment will be made upon presentation to the City by WCNC of a properly executed contract for purchase of a handicapped passenger van. 2. The total of the above payment will not exceed $15,000. IV. TERMS AND CONDITIONS: A. The City will assume no responsibility or liability for the maintenance and operation of the WCNC van. B. WCNC shall, at its own expense, procure and maintain during the period of this agreement comprehensive and collision insurance for the WCNC van and, at a minimum, liability insurance for bodily injury or death as a result of any one accident for more than one person in the amount of $150,000; insurance for property damage (other than that to the WCNC van) as a result of any one accident in the amount of $10,000, and insurance for loss or damage of property of passengers in the amount of $1,000. Proof of insurance shall be shown -to the City by furnishing a copy of a duly authorized and executed policy issued by an insurance company licensed to do business in the state of Iowa. C. In the event that WCNC elects to sell or otherwise transfer legal or equitable interest in the van or discontinue the WCNC program, prior to June 30, 1989, WCNC will transfer legal title of the WCNC van to the City or will pay to the City a prorated share of the total COBG funds allocated to this project. The prorated share shall be determined by using the depreciated value of the WCNC van as listed in the then current NADA Official Used Car Guide. D. Except as provided herein, the terms of this agreement shall be from the date of execution through June 30, 1989. E. This agreement is subject to and incorporates all other terms and conditions set forth in Part II hereof. PART II I. PERFORMANCE AND REPORTING: A. WCNC will provide transportation for users of the WCNC as specified in PART I, PURPOSE AND SCOPE OF SERVICES, Section C, until June 30, 1989, in a manner satisfactory to the City. B. WCNC will direct all correspondence concerning this agreement to the Office of the Iowa City Community Development Block Grant Program Coordinator. C. WCNC will submit quarterly reports by the 20th day of February, May, August and November of each contract year. In addition,, an audited annual report will be submitted by January of each contract year. No reporting requirements shall extend beyond June 30, 1989. Quarterly reports will include, at a minimum, statistics pertaining to the number of trips and number of persons transported in the van, as well as number of handicapped persons transported. /�� -3- 0. Not later than July 1, 1984, WCNC will provide the City with a certified statement of the expenditure of funds disbursed under this agreement. II. OTHER REPORTS, AUDITS AND INSPECTIONS: A. WCNC will furnish the City or HUD with such statements, records, data, and information as the City or HUD may reasonably request, pertaining to this agreement, within the time requested. B. At any time during normal business hours, there shall be made available to the City, HUD, and/or the Comptroller General of the United States, or their duly authorized representatives, all of WCNC's records with respect to this agreement in order to permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to all matters covered by this agreement. C. WCNC will retain financial records, supporting documents, statistical records, and all other records pertaining to expenditures under this agreement for a period of three (3) years from the termination of this agreement. III. CONTRACTING AND PROCUREMENT STANDARDS: The requirements of Attachment 0 (Procurement Standards) of OMB Circular A-102 and OMB Circular A-122 (Cost Principals for Non-profit Organizations) shall apply to the use of funds disbursed under this agreement. IV. NON-DISCRIMINATION: No person shall be excluded from or denied the use of the WCNC van on the basis of age, race, color, national origin, sex, marital status, sexual orientation or disability. All prospective beneficiaries must, however, be users of the WCNC. V. EQUAL EMPLOYMENT OPPORTUNITY: WCNC certifies that it is an "Equal Opportunity Employer" and that it will comply with Chapter 18 (Human Rights) of the Iowa City Code, Chapter 601A. (State Civil Rights) of the Iowa Code, and all applicable regulations of the U.S. Department of Housing and Urban Development pertaining to equal opportunity and affirmative action in employment. Further, WCNC will ensure that all contracts under this agreement contain an appropriate equal employment opportunity statement. VI. TERMINATION OF AGREEMENT FOR CAUSE: If WCNC fails to fulfill its obligations under this agreement in a timely and proper manner or if WCNC violates any of the terms, agreements or stipulations of this agreement, the City shall thereupon have the right to terminate this agreement by giving written notice to WCNC specifying the default, or defaults, and stating that this agreement will be terminated thirty days after the giving of such notice unless such default, or defaults, are remedied within such grace period. In the event of such termination, WCNC shall repay to the City the full amount of CDBG funds allocated to this project, or, at the option of the City, transfer legal title to the WCNC van to the City. -4 - VII. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS: A. No member or delegate to the Congress of the United States, and no resident Commissioner shall be admitted to any share or part of this agreement or to any benefit to arise herefrom. B. No member of the governing body of the City, no officer, employee, official or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval or carrying out of the project to which this agreement pertains shall have any private interest, direct or indirect, in this agreement. VIII. INTEREST OF WCNC: WCNC covenants that it personally has no interest and shall not acquire any inter- est, direct or indirect, which would conflict in any manner or degree with the performance of services to be performed under this agreement. WCNC further covenants that in the performance of this agreement no person having such an interest shall be employed by WCNC. X. ASSIGNABILITY: WCNC shall not assign or transfer any interest in this agreement, whether by assignment or novation, without the prior written approval of the City. XI. HOLD HARMLESS PROVISION: WCNC shall indemnify and hold harmless the City, it officers, employees and agents frov all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting from or incurred by reason of any actions based upon the performance of this agreement. IN WITNESS WHEREOF the parties hereto have executed this agreement on this 13th day of March 1984. CITY OF IOWA CITY By : Rsealved & Approved By The legal Department �Ve *A WILLOW CREEK NEIGHBORHOOD CENTER. INC. - By: (1/ Attest: Q/ M RESOLUTION NO. 84-53 RESOLUTION NAMING A STREET WHEREAS, the Highway #I, South relocation project created a frontage road along Highway 91 from Sunset Street to Willow i Creek Drive, and WHEREAS, it is recommended that this frontage road be named Willow Creek Court, NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said frontage road be named Willow Creek Court. It was moved by Zuber and seconded by Ambrisco that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT X Ambrisco X Baker ' X Dickson X Erdahl j X McDonald j X Strait X Zuber Passed and approved this 13th day of March 1984. Yd --e.., 03 � M R ATTEST: -A • o f�IJ CITY CLERK Received 8 Approved By The Legal Dpbrfmsnt 4&73 1 RESOLUTION NO. 84-54 RESOLUTION AUTHORIZING ECXECUTppIRRON OF AN IAIppGNREEMRREVVNITICC FORHTHESCAMPSCARDINAC ROAD'BRIDGENRELOCATIONEPROJECT WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with MMS Consultants, Inc. a copy of saidagreemen' being attached to this Resolution and by this reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement with MMS Consultants Inc of Iowa City, Tnwa for _ inspection services for the Camp Cardinal Road Bridge Relocation Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with MMS Consultants, Inc. 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Dickson and seconded by Zuber that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X _ Dickson _ X Erdahl X McDonald X Strait X Zuber Passed and approved this 13th day of March 19 84 MAYOR ATTEST: CITY CLERK Rsa;i•rcd 1;. J1pprIV04 ey „Th j 9aartntent 3 /Fy I 1 1 AGREEMENT This Agreement, made and entered into this 13thday of March 1984, by and between the City of Iowa City, a municipal corporation, herein- after referred to as the City and MMS CONSULTANTS, INC., of Iowa City, Iowa, hereinafter referred to as the Consultant. Now, therefore it is hereby agreed by and between the City and the Con- sultant, that the Consultant will act for and represent the City in all matters involved in the terms of this Agreement. Such Contract of Employment to be subject to the following terms and conditions and stipulations, to wit: The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts: a. To discharge from employment or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status or sexual preference. b. To discriminate against any individual in terms, conditions., or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status or sexual preference. I. SCOPE OF SERVICES The Consultant is to provide full-time project inspection, surveying and testing services for the Camp Cardinal Road Bridge Relocation Project, hereinafter referred to as the Project. Full Time Project Representation The Consultant shall provide technical observation of the construction on a full-time basis whenever there is activity at the Project site. Through on-site observations of the work in progress and field checks of the materials by the Consultant or his staff, the Consultant shall pro- vide protection for the City against defects and deficiencies in the ex- ecution of the Project by the Contractor(s). The Consultant shall keep and maintain all Project notes, records, forms and daily logs required by the Iowa Department of Transportation - Highway Division in conjunction with projects funded in part with Federal monies. Copies of all project notes, forms and daily logs shall be sub- mitted to the City on a weekly basis. It is understood that the City will conduct any and all wage surveys required when Federal funds are used on the Project. Surveying The Consultant shall provide the initial Project field stake out of construction and all subsequent staking as construction progresses. It is further understood that if, in the opinion of the Consultant, any of the survey stakes or marks have been carelessly or willfully destroyed or dis- turbed by the Contractor, the cost of replacing them will be charge to the Contractor. Testing The Consultant shall provide field testing for embankment construction, cast -in-place concrete, and inspection at the concrete plant whenever con- crete is Leing batched for the Project. �9� Testing (cont.) The frequency and amount of testing for cast -in-place concrete for the Project shall be as prescribed by the Iowa Department of Transportation - Highway Division Construction Manual. The.amount of soil testing to be done during construction of the embankment shall be as prescribed by the Iowa Department of Transpor- tation - Highway Division Construction Manual and as determined by the Consultant. In general, enough testing will be conducted so that the Consultant can determine that the construction work is complying with the compaction requirements of the specifications. The actual number of tests will vary depending upon weather conditions, soil conditions, and other factors. Special consideration for testing shall be given to the more critical areas including preparation of the existing sur- faces to receive fill, compaction of materials at bridge abutments, and compaction of materials around pipes. Uniform compaction of mate- rial throughout the embankment is also of importance to minimize future settlement. The project engineer or a qualified inspector working under the engineer's supervision will be on site during placement of all fill. Sufficient compaction tests will be made on each lift to insure that the work is complying with the compaction requirements of the speci- fications. Additional tests will be made in critical areas or where visual observation by the project inspector indicates areas of ques- tionable compaction results. II. GENERAL TERMS 1. The City may terminate this Agreement upon seven (7) days written notice. If the Agreement is terminated, the Consultant shall be paid on the basis of work satisfactorily completed and accepted by the City. The percentage of work completed but not yet accepted by the City shall be determined mutually by the City and the Con- sultant. If the City and the Consultant are unable to agree on the percentage of completion, the matters shall be resolved by the procedures of the American Arbitration Association. 2. Records of the Consultant's Charges pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representative at mutually convenient times. 3. This Agreement shall be binding upon the successor and the assigns of the parties hereto; provided, however, that no assignment shall be made without the written consent of all parties to said agree- ment. 4. It is further agreed that no party to this Agreement will perform contrary to any State, Federal or County Law or any of the Ordin- ances of the City of Iowa City, Iowa. 5. The Consultant agrees to furnish all reports and/or drawings with the seal of a Professional Engineer or Architect affixed thereto where such seal is required by law. 6. The City agrees to tender to the Consultant all fees and money in accordance with this Agreement except that failure by the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. �9� -3- 7. Should any section of this Agreement be found to be invalid, it is agreed that all other sections shall remain in full force and effect as though severable from the part invalid. 8. It is understood and agreed that the retention of the Consultant by the City for the purpose of this Project shall be exclusive but the Consultant shall have the right to employ such assistance as may be required to meet the requirements of this Agreement. Consultant shall be allowed compensation for such services and reimbursable expenses on a basis of 1.00 multiplier times the amount billed. 9. C.M. Stephan, of the Consultant shall attend such meetings of the City Council relative to the work set forth in this Agreement and as may be requested by the City. Any requirements made by the City shall be given with reasonable notice to said person so that he may respond. 10. The Consultant agrees to furnish, upon termination of this Agreement and demand by the City, copies of all basic notes and sketches, charts, computations, and any other data pre- pared or obtained by the Consultant pursuant to this agree- ment without cost, without restriction or limitations as to the use relative to this Project. The Consultant shall not be liable for use of such documents on other projects. III. CITY'S RESPONSIBILITY The City shall: 1. Provide full information as to the requirements for the Project. 2. Designate the City Engineer to act as the City's representative with respect to the work to be performed under this Agreement and such person shall have complete authority to transmit in- structions, receive information, interpret and define the City's policies and decisions with respect to materials, equipment, elements and systems pertinent to the work covered by this Agreement. 3. Assist the Consultant by placing at his disposal all available information pertinent to the site of the Project including pre- vious reports and any other data relative to design and construc- tion of the Project. 4. Make all provisions for the Consultant to enter upon public and private land, as required, for the Consultant to perform his work under this Agreement. 5. Examine all studies, reports, sketches, estimates, specifications, i drawings, proposals, and other documents presented by the Consultant and render in writing decisions pertaining to the documents within fifteen (15) days after receipt so as not to delay the work of the Consultant. 6. Conduct any and all wage surveys and interviews of the Contractor's employees and review all Contractor's payroll documents as may be S required for this Project. �9� -4 - IV. TIME OF PERFORMANCE The Consultant shall provide services on a time schedule so that the Contractor's work will not be delayed. Services shall begin with the pre -construction conference, con- tinue through the construction period to the Consultants statement of substantial completion to the City, and shall end with the final audit by the Iowa Department of Transportation - Highway Division of all records and notes compiled throughout the Project. V. COMPENSATION FOR SERVICES The City agrees to pay the Consultant for services as stated in this Agreement on the basis of the standard billing rate, including outside expenses. The Agreement fee including the total Project inspection, surveying services, testing, and outside expenses shall not exceed $35,300.00. The billing rate schedule attached shall be designated Exhibit "A". The City agrees to reimburse the Consultant for outside expenses at cost. The Consultant shall furnish proof of all outside expenses upon request. The Consultant shall submit monthly statements for services rendered and for outside expenses incurred. With each billing, the Consultant shall list the individual classification, the hours worked, and the hourly rate. The City shall make prompt monthly payments in response to the Consultants monthly statements. All provisions of this Agreement when not specifically defined shall be reconciled in accordance with the highest ideals of the Engineering Profession. It is further stated that there are no other consideration or monies contingent upon or resulting from the execution of this Agreement nor have any of the above been applied by any party to the Agreement. F R THE CITY: MMS COS LTANTS, INC. ATTEST: ATTEST: pp Reeelved 8 Approved BY Tho„ Legal Do artTn/ent '."'"py/� 3 -7 V� Y i EXHIBIT "A" MMS CONSULTANTS, INC. Rates Effective November I, 1983 WORK A +11 -lour CODE Description _moun _ 11 Professional Engineer 1 .......... $42.00/Hr. 12 Professional Engineer 11 ......... $39.00/Hr. 13 Project Engineer .............. $32.00/11r. 21 Landscape Architect I .......... $42.00/Hr. 22 Landscape Architect II ......... $35.00/Hr. 31 Land Surveyor I ............. $42.00/Hr. 32 Land Surveyor 11 ............. $35.00/Hr. 41 Engineering Technician I ........ $30.00/Hr. 42 Engineering Technician 11 ........ $24.00/Hr. 43 Engineering Technician III ....... $21.00/Hr. 44 Engineering Technician IV ....... $19.00/Hr. 61 2 -Man Survey Crew ........... $40.00/Hr. 62 3 -Man Survey Crew ....:...... $57.00/Hr. 71 2 -Man Const. Crew ........... $50.00/Hr. 72 3 -Man Const. Crew ........... $72.00/Hr. 91 Electronic Distance Meter ....... $15.00/1 -Ir. ■ �City of Iowa Citi MEMORANDUM Date: March 6, 1984 To: City Council and City Manager From: Frank Farmer , Re: Camp Cardinal Road Bridge Relocation Project Due to the heavy workload scheduled for the 1984 construction season which includes the paving of Tanglewood Street, Ventura Avenue, and St. Anne's Drive, the construction of the creek crossing on First Avenue extended (north of Rochester Avenue), various subdivision improvements, the Shamrock/Arbor Drive storm sewer improvements, and the reconstruction of the Iowa Avenue bridge, a consultant needs to be hired to perform the inspection and testing services for the Camp Cardinal Road Bridge Reloca- tion Project. Considering the rather involved, time-consuming type of inspection required by -the Iowa Department of Transportation for projects funded by the Federal -aid Bridge Replacement Program, Engineering does not have enough personnel to perform the job effectively, and at the same time, provide necessary and proper inspection and field testing for the previously -mentioned projects.An agreement with MMS consultants, the subcontracting design consultant, to NNW, Inc. for the Camp Cardinal Road Bridge Relocation Project is attached. Personnel from MMS Consultants are familiar with this project as they performed the field work and road design and would work with Noel Willis the Design Engineer, to insure proper construction. The "not to exceed" inspection fee is $35,300. this amounts to 11.5 percent of the estimated construction cost and is very reasonable. This compares favorably with other projects in which the City has retained a consultant to perform inspection work. tp2/3 RESOLUTION NO. 84-55 RESOLUTION ESTABLISHING FEES FOR CITY PLAZA USE PERMITS WHEREAS, the City Council of Iowa City, Iowa, did on April 27, 1982, adopt Ordinance No. 82-3058 which governs the use of City Plaza; and WHEREAS, Section 12 of said ordinance provides for the permit fees for the use of the City Plaza to be established by Resolution; and WHEREAS, this Resolution will supercede Resolution 82-138 which established fees for City Plaza permits. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following fee schedule is established for permits issued for the use of City Plaza: 1. Motor Vehicle Permits a. Continuing No charge b. Temporary No charge 2. Mobile Vending Cart $300 annually 3. Ambulatory Vending $100 per year 4. Sales for vending - temporary or occasional $10 per day 5. Cultural or Entertainment exhibits or events No charge where no sales occur It was moved by Zuber and seconded by Dickson the Resolution 8e adopted, and upon roll call there were: AYES: NAYS: ABSENT: ' X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber I Passed and approved this 13th day of March 1984• i YOR ATTEST: %ila�.�-,�� CITY CLERK .%celvad S Approved By The Legal Depraftwnt -�- 119.S RESOLUTION NO. 84-56 RESOLUTION AMENDING THE AUTHORIZED PERMANENT POSITIONS IN THE TRANSIT DEPARTMENT. WHEREAS, Resolution No. 83-73 adopted by the City Council on March 29, 1983, establishing an operating budget for FY84 authorizes all permanent positions, and WHEREAS, the current operations workload of the Transit Department may be performed more efficiently through reassignment of job duties to provide additional staff supervision, and WHEREAS, the amendment to the authorized permanent positions will not require additional funding in the FY84 operating budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the authorization of personnel be amended as follows: The deletion of: 1. One Assistant Transit Manager position, Administrative Grade 51. 2. One Transit Operations Assistant position, AFSCME Grade 9. The addition of: 1. One AM Transit Operations Assistant position, Administrative Grade 50. 2. One PM Transit Operations Assistant position, Administrative Grade 50. It was moved by Dickson and seconded by Baker the Resolution be a op e , and upon roll call ere were: AYES: NAYS: ABSENT: X _ X _ X Passed and approved this 13th day ATTEST: Ambrisco Baker Dickson X Erdahl McDonald Strait Zuber March , 1984. Pacolvod & Approved kt ho Legal pas menl sQgy //969